Owner occupy affecting next move: FHA/conventional/hard money

Owner occupy affecting next move: FHA/conventional/hard money

Rental Property Investor · CT · Member since 2019 · 8 posts · 1 vote

Hi, I have been browsing through pages and pages of the forums and not seen this specific type of scenario. Any input is appreciated.

I have identified a great deal for a house that could serve as our "forever home" (if that's a thing, moved 4x in 4 years, lol) I have financing through a hard money lender to buy my next property but have to create an LLC in order to hold it. House needs substantial amount of work which I can do but is habitable.

6 months ago I bought a duplex with an FHA 3.5% down loan and currently living in 1 unit and renting other unit out. I know I need to live here for a year to satisfy owner-occupy clause. This is my 3rd owner occupy loan (also have 2 SFH with VA loans)

I am able to buy the house with HML, do interest only payments, and perform work on it for the next 6 months and move next year when work is done, and they have a program to convert the loan at the end to a 30yr fixed mortgage. HML also finances 100% or rehab. But I am holding property in LLC and then moving into it. A common question I see is can you charge yourself rent, this is not what I am after. I don't need to charge myself rent, The HML just requires house to be purchased in an LLC. But then I'd be living there once the work is done. Is there a downfall to this scenario?

Alternatively if there is a way I can justify it to an underwriter maybe can get a conventional owner occupy mortgage, I wouldn't be opposed to that. I could move my family into the house within the normal 60 days to satisfy that and stay in my duplex for 6 months myself, and finance the repairs myself at my convenience. Then I would be holding title myself with no LLC.

Either way I can afford the house + duplex mortgages for 6 months.

Any input on this would be appreciated. Anything maybe I’m forgetting or overlooking? If I had lived in the duplex already for a year it would be an easy answer for me but I just want to make sure I’m operating within the scope of the law, but also get this house.

Thanks,

Alex

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  • Real Estate Agent · Las Vegas, NV · Member since 2017 · 279 posts · 133 votes
    6y

    It sounds like you are very familiar with how mortgage loans work. My only concern and the only thing that wasn't mentioned here is how close to the cap for loans are you? I have no idea what the number is as I've heard in the podcasts it's changed from 10 to 5 to...who knows? A mortgage lender will know. I would go make double sure that you CAN get another mortgage loan. You said "This is my 3rd owner occupy loan (also have 2 SFH with VA loans)" Other than the possibility of hitting that cap, I don't see any downside, especially if this may be your "forever" home. 

    And this is the part where I disclose that I'm no mortgage expert and suggest that you speak to a professional mortgage lender, CPA, financial advisor...etc.

  • Rental Property Investor · CT · Member since 2019 · 8 posts · 1 vote
    6y

    Brad, thanks for the input. I am not concerned with caps, I believe it is 10 anyways but in the future I will likely be using a lot more HML or private lenders simply because of the scope of work I am looking to take on, it just makes more sense to me as I'm looking to BRRR properties. This would simply be a BRRR I would end up living in. Not sure how it works as far as living in an LLC held property tho. I imagine I would lose the ability to write off my own mortgage interest, etc, but then also have read that it could be considered a pass through entity as it would be only my name (and or my wife's name) on the LLC.

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    6y

    I would talk to your accountant for a more pertinent answer, but in general I think it's not advisable to live in a place owned by your LLC.

  • Rental Property Investor · CT · Member since 2019 · 8 posts · 1 vote
    6y
    Originally posted by @Odie Ayaga:

    I would talk to your accountant for a more pertinent answer, but in general I think it's not advisable to live in a place owned by your LLC.

    Odie can you elaborate? Liability or tax purposes?  

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    6y

    Tax purposes. I can't elaborate as it's been awhile since I last heard the details on it, but I think @Brandon Hall talks about it briefly on his first BP podcast. In any event it would be best to consult a professional regarding your particular situation

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